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Home My WebLink About19576 ORD - 12/16/1986AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT TRANSFERRING THE RESPONSIBILITY OF ADMINISTRATION OF GRAZING AND AGRICULTURAL LEASES AT CHOKE CANYON RESERVOIR FROM THE BUREAU OF RECLAMATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a lease agreement transferring the responsibility of administration of grazing and agricultural leases at Choke Canyon Reservoir from the Bureau of Reclamation to the Texas Parks and Wildlife Department, all as more fully set forth in the lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of executing the abovementioned at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutio at three regular meetings so that this ordinance is passe ,nd shall t fec upon first realm ,as an emergency measure this the /ip dayof 19 6 ATTEST: City Secretary eg, MAYO APPROVED: `t DAY OF i��<<�� , 19 $4= HAL GEORGE, CITY ATTORNEY By .. R_ Ass -Nit nt City Attor 08P.213.01 THE CIT OF CORPUS CHRISTI, TEXAS 19576 MICROFILMED Document No. LEASE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR ADMINISTRATION OF GRAZING AND/OR AGRICULTURAL LEASES NUECES RIVER PROJECT, TEXAS THIS AGREEMENT, made and entered into this day of 1986, by and between the BUREAU OF RECLAMATION, Department of the Interior, hereinafter referred to as the "United States," represented by the officer exe— cuting this agreement, and the TEXAS PARKS AND WILDLIFE DEPARTMENT, hereinafter referred to as "Department." This agreement is in pursuance of Reclamation Instructions, Parts 215.1.10 and 215.4. WITNESSETH THAT: WHEREAS, the United States, the City of Corpus Christi (City), Texas, and the Nueces River Authority (Authority) have heretofore entered into Contract No. 6-07-01—X0675, dated June 30, 1976, as amended, for repayment of its allocated portion of the reimbursable costs of the construction, operation, and maintenance of the Nueces River Project; and WHEREAS, the City, the Authority, and the Texas Parks and Wildlife Department have entered into a contract dated February 2, 1981, for care, opera— tion, maintenance, and replacement of the recreation, fish and wildlife, and open space resources of the Choke Canyon Reservoir area of said project; and WHEREAS, the Department desires to administer grazing and/or agri— culture lease areas as shown on Exhibit "A," attached hereto and by this reference made a part of this agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. The Department shall administer the lands as shown on Exhibit "A" for grazing and/or agricultural purposes in accordance with terms of this agreement. 2. The term of this agreement shall not extend beyond the term of the above—mentioned Repayment Contract No. 6-07-01—X0675, as amended. 3.It is the general policy of the Bureau of Reclamation to make grazing and agricultural leases only by competitive means. Lease fees shall be based on fair market value as determined by competitive bidding (either sealed bids or public auction). A minimum acceptable bid shall be established prior to accepting competitive bids. No lease shall be awarded for less than the minimum acceptable bid. Administrative costs shall not be added to the awarded bid price. 4412„.1r 4. Leases shall be for a period 1 year and, if practicable on a calen– dar year basis, with the option of renewal for 4 successive years. 5. All leases issued by the Department must receive the prior approval - of the United States and be in compliance with Reclamation Instructions, Part 215.4. 6. The Department shall retain a portion of the revenue collected on each lease sufficient to cover administrative costs and forward the remainder to the United States within 30 days of receipt. The remainder will be credited toward the repayment obligation of the City and Authority in accordance with Contract No. 6-07–01–X0675. 7. The operation of this agreement shall not prevent or prohibit hunting and fishing or other permissible public use of the area. 8. There shall be no natural resource degradation of the leased area. Grazing leases shall be based on "time of year" and AUM (animal–unit–month) calculations, except where other special considerations are more appropriate and so indicated in the lease. Leases shall, where warranted, incorporate recognized soil conservation practices as contract provisions. All leases shall require the lessee to consult with and obtain written Department approval for any species of plants proposed for establishment on land covered by the lease. 9. The Department shall ascertain that all fences are maintained and kept in good repair at no expense to the United States. — 10. The United States is responsible for exercising oversight control to assure proper administration of the leased area and will periodically make onsite reviews of the leased areas in coordination with the Department. 11. The United States reserves the right of its officers, agents, and employees at all times to have unrestricted access and ingress to passage over and egress frompall of said lands, to make investigations of all kinds, dig test pits and drill test holes, and to survey for and construct reclamation and irri– gation works and other structures incident to Federal reclamation projects. The United States shall make every reasonable effort to keep damages to a minimum. 12. The Department hereby releases the United States, its successors and assigns, and its officers, agents, and employees from any and all damages of every description or kind whatsoever which may result from the exercise of any of the rights reserved by this article. 13. This agreement shall terminate and all rights of the Department under this agreement shall cease: a. At the expiration of the term as provided by article 2. b. After failure of the Department to observe any of the con– ditions of this agreement 30 days after which written notice has been given the Department. c. At any time that the United States determines that it is not in its best interest to lease project lands for grazing and/or agricultural leases. 14. The Comptroller General of the United States or any of his duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Department involving transactions related to this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first hereinabove written. TEXAS PARKS AND WILDLIFE DEPARTMENT Region By Title Executive Director APPROVED: THE UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR By Regional Director, Southwest Bureau of Reclamation CITY OF CORPUS CHRISTI NUECES RIVER AUTHORITY By By Title Title APPROVED: DAY OF , 19 HAL GEORGE, CITY ATTORNEY By James R. Bray. Assistant City Attorney 1 A0o0 IvcO O0o0 • CHOKE CANYON.STATE PARK' CAWHAM UNIT , SOUTH SNORE UNIT ALOE MA2IMUM A+; WATER SURFACE ELEK 2A CONTROLLED STORAGE W.S. ELEY 220.5 UNITED STATER OLFANTNENT DF THE INTTNIRA RVEE1u OE wECLAMATMN NUECES RIVER PROJECT TEXAS EXHIBIT A Corpus Christi, Teas /614 day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1984 For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAY Council Members The above ordinance was passe; Luther Jones / Dr. Jack Best 1 David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong THE CITY OF CORPUS CHRISTI, TEXAS by the following vote: 99.045.01 19576